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Should Disabled Veterans get preferential treatment over better qualified candidates who are not? Affirmative action has been created as a policy with the purpose to increase the opportunities for usually discriminated groups that are characterized by race, gender or physical disability. Affirmative action usually focuses on education, employment, government contracts, health care, or social welfare. In 1999, nine cases were sent to the Supreme Court. All of them related to labor and employment law. Those cases were about employee benefits, civil rights and discrimination.
Some affirmative action programs were upheld by the Court. They were created with the purpose to abolish discriminatory employment practices without creating quotas. The Supreme Court doctrine on affirmative action pointed that the program should serve a governmental interest. These requirements were added to Proposition 209, passed by voters in 1996 to end racial and gender preferences in State employment, education, and contracting. The programs that the Supreme Court confirmed identified discrimination and were applied without regard to race- or gender-based preferences, according to the Court. One of those programs said that State agencies should determine areas of State employment where women and minorities were not being fully utilized and to identify measures for increasing their utilization.
The measures were taken to meet the requirement that a remedy was a "specific act" of discrimination. The Court also upheld that the method of estimating the progress in equalizing employment opportunities was a narrowly tailored means serving a compelling government interest. Most of all it was pointed by the Court that Proposition 209 did not prohibit using racial or gender-based criteria applied without discriminatory or preferential intent. Since the time of the Civil War, Veterans of the Armed Forces have been given some preference in appointments to jobs.
Congress passed some laws to protect disabled veterans seeking employment from being refused because of the time spent in military service. Disabled veterans are those who have physical or mental injuries that limit persons life activities, have a record of such impairments. According to laws, veterans who are disabled during certain time periods or in warfare were given the right to preference over non-veterans both in hiring and in retention during reductions. But it does not mean that veterans are given the placement in every vacant job because it would be violation of the principle of public employment.
However, preference gives a uniform method that helps qualified veterans seeking employment. According to demands pointed in preference, disabled veterans should take part in competitive examining process for being hired. For fulfillment of recruitment, employment, and advancement program for disabled veterans a lot of departments and agencies were required to create annual Disabled Veterans Affirmative Action Program (DVAAP) Plans. The accomplishment reports should be submitted by Office of Personnel Management (OPM). Those reports show the efforts that have been taken for providing the maximum employment and job advancement opportunities for disabled veterans. By the way, DVAAP plans should be up-to-date.
Each Affirmative action plan has Statement of its Policy. As usual, it is pointed that an agency or a department will not discriminate against any employee or applicant including those with physical or mental disability or veteran status. System Offices are responsible for the specific and results-oriented procedures that have been established by Affirmative Action Plan. They are responsible for affirmative action to employ, advance in employment for those people taking into account such employment practices as promotion; demotion; transfer; lay-off or termination; compensation; and selection for training. The Director of Human Resource Services coordinates all System Offices affirmative action programs.
Employment decisions are based on valid job requirements and the merit, qualifications and abilities of the applicant. Most of all, disabled veterans have the right to make reports without fear of harassment, intimidation, threats, coercion or discrimination. They have the right to send a complaint with System Offices, or with any Federal, State or local agency. They have the right to take part in any investigation, compliance evaluation, hearing or any other activity related affirmative action program. Veterans or individuals with disabilities can speak against any unlawful act or practice made by VEVRAA. These procedures and good faith efforts are designed to achieve the full representation of all employees at all levels and in all parts of the workforce through affirmative action.
Affirmative Action Plan is the policy to ensure equal employment opportunity for all persons. Affirmative action does not mean lowering standards of excellence nor does it mean that unqualified persons will be hired. Most of all it increases the opportunities for women and minorities in all areas of the workforce. Some methods have been created with the purpose to attract women and minority applicants for vacant positions. They have an opportunity to receive additional training through seminars and conferences. It helps to strengthen their backgrounds and increase their profitability.
System Offices encourage all employees to utilize the Systems policy on employee training. Administrators are encouraged to hire and promote affirmative action objectives. But there are several workforce problems. First of all economic conditions influence greatly System Offices competitiveness. Economic downturn has negative impact on the labor market. Noncompetitive salaries for some staff positions influence System Offices recruiting competitiveness.
The other problem is that the size and isolated location of some communities. Thats why they are not always attractive to single professionals, including women, minorities and disabled veterans in terms of finding other professionals with whom to interact. Most of all, there is another problem of retention and upward mobility of women, minorities and persons with disabilities among classified staff. The problem relates to turnover of women, minorities and persons with disabilities from under represented job groups. The decision is in improving the working atmosphere for them.
Job descriptions and reclassification or reallocation requests should be regularly reviewed in a timely manner; and staff members should be encouraged to test for promotions. Bibliography: Affirmative Action Plan for Women and Minorities. The Texas A&M University System Offices, 2005. Affirmative action.
Wikipedia: the free encyclopedia, last modified 27 May, 2006. web Charles, J Mail. Affirmative action requirements. Monthly Labor Review.
Washington, Vol. 122, Iss. 1, Jan 1999. Disabled Veterans Affirmative Action Program (DVAAP). Office of Personnel Management. web Veterans' Preference.
FirstGov. gov TM, last updated, May 22, 2006. web
Free research essays on topics related to: persons with disabilities, supreme court, women and minorities, employment practices, affirmative action programs
Research essay sample on Affirmative Action Programs Persons With Disabilities
